HomeMy WebLinkAboutReg 2004-07-19 Item 7 - Ordinance - Moratorium on Transit Oriented Development (Sounder Station / Longacres) COUNCIL A GENDA SYNOPSIS
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Initials ITEM NO.
y 1 Meeting Date Prnpatrd by 1 Mayors review 1 Council review
r 1 July 12, 2004 1 LM I
I July 19, 2004 1 LM( J ,ta., 1 `f.,, J
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ITEM INFORMATION 1
CAS NUMBER: Ref 04-006 I ORIGINAL AGENDA DATE: 1 -26-04
AGENDA ITEM TITLE Adoption of a proposed ordinance renewing a temporary moratorium on the
acceptance of applications for certain land divisions and land use decisions
within the area designated for transit oriented development.
CATEGORY Discussion I] Malian Resolution X Ordinance p Bid Award ❑Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 7.19.04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayar
Adm Svcs X DCD Finance Fire Legal MYR Police PIV
SPONSOR'S Council must renew or modify the proposed ordinance, or allow the current ordinance
SUMMARY to expire.
REVIEWED BY X COW Mtg. X CA &P Cmte F&S Cmte Transportation Cmte
Utilides Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 7.12.04
RECOMMENDATIONS:
SPONSOR /ADMIN. Recommend adoption of the proposed ordinance
COMMI T TEE CAP supported the ordinance and forwarded to COW for public
hearing.
COST IMPACT FUND SOURCE)
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments:
1 MTG. DATE I RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2037, Establishing a temporary moratorium on the
2.02.04 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development.
6.29.04 Community Affairs and Parks Committee recommends forwarding proposed
ordinance renewing the six -month moratorium to COW for a public hearing.
7.12.04 Council held a public hearing on the proposed ordinance renewing the six -month
moratorium.
(continued...)
MTG. DATE I ATTACHMENTS
7,:J2,04 Memo to City Councilmembers RE: Public hearing on a proposed ordinance~
establishing 'a temporary moratorium on land divisions and certain land use
Proposed ordinance re, newing six-month moratorium.
Copy of Memo to CAP,RE: Six-month renewal of Ordinance No. 2037.
Copy of Public Hearing Notice
Copy of letter dated 3une 30~ 2004 sent to affected property owners and businesses
in the TOD planning area.
Minutes of CAP meetingt 3une 29~ 2004.
7..~9.04 Memo to City Councilmembers RE: Adoption of the proposed ordinance establishing
a temporary moratorium on land divisions and certain land use decisions in the
Longacres TOD planning area.
C)~q~nance ( £L~7~
Depariment of Commumty Development Steve Lancaster, Director
TO: City of Tukwila Councilmembers
From: Steve Lancaster ~x__~ ~
Date: January 28, 200 ,4_~
Subject: Adoption of proposed ordinance establishing a temporary moratorium on land
divisions and certain land use decisions in the Longacres TOD planning area.
Background
There has been a moratorium on the acceptance of applications for certain land divisions, and
development activities and land uses within the area designated for transit-oriented development
(TOD) around the temporary commuter rail/Amtrak station at Longacres since September, 2002.
The current moratorium, Ordinance No. 2025, will expire February 18, 2004. Planning for the
TOD area is underway, and there is still a need for keeping the moratorium in place. Staff
recommends renewing the ordinance with a modification to allow the UUP for the temporary
Sounder Commuter Rail Station to be extended while the moratorium is in place.
Update on the TOD Plan
Since passage of the moratorium:
· All but one of the series of workshops and stakeholder meetings have occurred.
· The staff and consultant team, based on workshop results, is preparing detailed land use
scenarios (based on public and City feedback) for the combined TUC/TOD areas, using
two development alternatives.
· This plan will be folded into the overall Tukwila Urban Center (TUC) plan. A draft TUC
plan is anticipated to be available in June, 2004. The final TUC Plan is anticipated to be
completed and ready for the adoption process in fall of 2004.
Provisions of the Ordinance
The only substantive differences between the proposed ordinance and the existing one is that the
proposed ordinance allows for the extension of a current land use permit from the moratorium
provisions.
Within the TOD planning area, the proposed ordinance:
· Prohibits the filing of all permits and approvals related to:
land divisions
such uses or activities as manufacturing, industrial & auto-oriented businesses.
· Exempts the filing of and approvals related to:
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~
Sign permits and building permits for tenant improvements.
· Allows the filing of approvals related to:
All other uses currently allowed under TUC zoning which support and implement the
vision for the area, including those that are easily redevelopable such as auto sales
lots, contractor or storage yards, or commercial parking. There are more uses
permitted than restricted under the moratorium.
Summary of Public Hearing Comments
There were no public comments at the hearing held on July 12, 2004. No written comments
were received.
Proposed Next Steps
Council adopts the proposed ordinance, and allows Ordinance No. 2037 to expire. Council
revisits the moratorium in six months (January 2005).
Staff Recommendations
There is still a need for keeping the existing ordinance in place until a land use/transportation
framework is adopted. Staff recommends renewing the ordinance without modifications.
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City of Tukwila
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Ordinance No
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS
.r'3h';;i_ AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE
AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT
AROUND THE TEMPORARY COMMUTER RAII/AMTRAK STATION AT
:„„4.,f, LONGACRES; PROVIDING FOR SEVERABILTTY; AND DECLARING AN
3,
c. EMERGENCY.
s
WHEREAS, the City of Tukwila issued an Unclassified Use Permit in 1999
allowing Sound Transit to construct a temporary station for Sounder commuter rail and
Amtrak service at Longacres, adjacent to the BNSF Burlington Northern Railroad; and
WHEREAS, the City recognized the unique opportunity to promote a more
compact, mixed use, pedestrian supportive pattern of development that makes effective
use of its proximity and accessibility to the rail station, and includes a mix of retail,
71` service, office and residential uses; and
:4 WHEREAS, a more intensive pattern of transit oriented development (TOD)
would assist the City with the redevelopment of the Tukwila Urban Center, one of
thirteen designated urban centers within King County, and provide workers with
commercial, public and recreational services close to where they live or work; and
WHEREAS, a more intensive pattern of TOD would benefit the region by assisting
;c:: in achieving Growth Management Act requirements and increasing local and regional
transit ridership; and
P WHEREAS, in August 2001, the City held a workshop, inviting other key
stakeholders to explore the possibilities for a TOD in the Longacres area; and
a: WHEREAS, the workshop resulted in strong support for the project and a "vision"
for land use and transportation in the Longacres TOD area; and
WHEREAS, to implement this vision, the City applied for and was awarded a $1.5
,.`->3;, million grant by the Federal Highways Administration to prepare a master plan for the
i? Longacres area, identifying land use, urban design and transportation /circulation
objectives, as well as to prepare implementing ordinances and design guidelines,
>a::" complete environmental review of the plan and designate it as a planned action, and
:',-.4 integrate the design of the permanent commuter rail /Amtrak station; and
WHEREAS, while the City anticipates the TOD master plan project to be
completed by the end of 2004, some issues need to be addressed immediately in order
for the TOD project to be successful; and
WHEREAS, the Tukwila Urban Center (TUC) zoning district allows for a variety of
high- intensity regional uses in the TOD planning area, including light industry and
warehousing, some of which may not be of appropriate type, density or character to
support the intent of a TOD; and
TOD Moratorium 7/15/04 1 of 4
WHEREAS, the Longacres site is considered one of the region's key opportunities
for TOD, primarily due to the large amount of vacant and redevelopable land
surrounding the station; and
WHEREAS, Sound Transit's Unclassified Use Permit for the temporary Sounder
Commuter Rail Station will need to be extended in order to ensure that the permanent
Sounder Station is designed based on a completed TOD master plan; and
WHEREAS, any significant amount of new development occurring prior to the
establishment of a desired pattern of uses in the TOD master plan could jeopardize the
City's ability to implement the TOD plan; and
YS?
WHEREAS, the City has already received a proposal for development within the
TOD planning area that would have been inconsistent with the stated vision for the
::f:;;> TOD and threaten the successful implementation of the TOD master plan; and
WHEREAS, the City's Municipal Code allows for the division of land and
adjustment of boundary lines that, if allowed to occur in the TOD planning area, would
make future land assemblage for a TOD project difficult and costly, and threaten the
<g '`F' successful implementation plan; and of the TOD master
P P
WHEREAS, within the TOD planning area, the City desires to take immediate steps
to preserve the land available for development or redevelopment and restrict land uses
that do not implement the vision for the area until the TOD at Longacres master plan
and environmental review are completed, certain implementing zoning regulations are
adopted by the City, and other related regional transportation infrastructure issues are
decided; and
WHEREAS, the City also desires to ensure public input on these issues; and
WHEREAS, the moratorium will expire on August 1, 2004, and the TOD planning
process is not yet completed; and
;t
WHEREAS, a public hearing on this proposed ordinance was held on July 12, 2004;
and
WHEREAS, the City desires to preserve the status quo for the protection of the
health, safety and welfare of City residents, as it relates to development in Tukwila,
Y r until these matters are more fully considered and, therefore, has determined that an
emergency exists;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses,
above, are hereby adopted by reference as the City Council's findings of fact as if fully
set forth herein. Furthermore, the City Council hereby declares an emergency necessary
for the protection of the public health, public safety, public property or public peace.
Section 2. Moratorium Area Defined. For the purposes of this ordinance, "the TOD
planning area" is identified in Figure 1. This area is bounded by I-405 on the north,
Tukwila city limits on the east, the southern boundary of parcel number 2523049006 on
the south, and West Valley Highway on the west.
Section 3. Moratorium on Activities. The moratorium established by Ordinance
No. 1996 is hereby renewed, regarding the filing of permits and approvals within the
TOD planning area relating to
TOD Moratorium 7115/04 2 of 4
1. Land Divisions: This includes all permits and approvals related to
subdivisions, short subdivisions, boundary line adjustments, and lot consolidations.
2. Development Activities and Land Uses: Except for sign permits, building
permits for tenant improvements, the extension of current and use permits, and
expansion of existing businesses on existing lots, this includes all applications and
approvals for any and all:
a rezones
b. conditional use permits
c. unclassified use permits
d. variances
e. binding site plans
4 required environmental review
g building permits
h. land altering permits relating to the following activities and uses:
%'ht; (1) Amusement parks
(2) Automobile, recreational vehicles or travel trailer sales rooms. No
1 dismantling of cars or travel trailers nor sale of used parts allowed.
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(3) Automotive services
(4) Cemeteries and crematories
''"-`D (5) Commercial laundries
(6) Drive -in theaters
(7) Drive through restaurants
5 (8) Electrical substations distribution
(9) Heavy equipment repair and salvage
;.'.'a (10) Internet data /telecommunication centers
J
(11) Manufacturing, processing and/ or packaging of foods, including
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but not limited to, baked goods, beverages (except fermenting and distilling), candy,
T canned or preserved foods, dairy products and byproducts, frozen foods, instant foods
and meats (no slaughtering)
(12) Manufacturirtg, processing and /or packaging pharmaceuticals
and related products, such as cosmetics and drugs
'rk;::„ (13) Manufacturing, processing, and /or packaging previously
prepared materials including, but not limited to bags, brooms, brushes, canvas, clay,
y clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood
(14) Manufacturing, processing, assembling, packaging and /or
4'w;" repairing electronic, mechanical or precision instruments such as medical and dental
fyi,,
4 equipment, photographic goods, measurement and control devices, and recording
;4r equipment.
;a;. (15) Manufacturing, processing and /or assembling previously
y.. prepared metals including, but not limited to, stamping, dyeing, shearing or punching
P`;rr
of metal, engraving, galvanizing and hand- forging.
(16) Motels
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(17) Recreation facilities (commercial indoor), including bowling
alleys, skating rinks, shooting ranges
(18) Warehouse storage and /or wholesale distribution facilities
h Section 4. Effective Period of Moratorium. The moratorium renewed by this
ordinance shall become effective as set forth in Section 7 below, and shall continue in
TODMoratorium 7/15/04 3 of4
++b+_n+e«umre¢renewed modified the City
Council r a subseq t public hearing and entry a±mra
Section s Work Program. The Mayor &autrizeaeallo_ the necessary
resources to prepare a work pro gram to address the land use and transportation
g issues ide ed in this ordinance and the City shall implement such a work
y program.
Section 6__%1any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its app to any person or situation should be held to
be invalid or unconstitutional m an reason by a court of competent jurisdiction, suc h
invalidity unconstitutionality ,hall not affect the validity or constitutionality of
remaining portions of this ordinance or its application to any other per son or situ n
Section 7 Effective Date This w _*=wununary thereof, shall be published
itt the official newspaper aper of the City. As set forth in Section 1, this public emergency
ordinance necessary for the protection e public health, public safety, pub property
at public peace —.hallbe effective inunediately upon ay n, pursuant to
;CW 35A.12.130.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .s#
Ate% UTHENTIc me
Steven M Mullet, Ma yor
Jane E Cantu, CM« City Clerk
d with the City Clerk:
APmOVEommmRM s Passed the City Council:
ƒ
Published:
Effective Date:
Othce of the City Attorney Ordinance m_
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